ASKGYM LIMITED

ECOMMERCE TERMS FOR THE SUPPLY OF GOODS

This page (together with our Privacy Policy) tells you information about us
and the legal terms and conditions (“Terms”) on which we
sell any of the products (“Products”) listed on our website
to you.

These Terms will apply to any contract between you and us for the sale of
Products to you (“Contract”). Please read these Terms
carefully and make sure that you understand them before ordering any
Products from our site. Please note that before placing an order you will
be asked to agree to these Terms.

Please click on the button marked “I Accept” at the end of these
Terms if you accept them. If you refuse to accept these Terms, you will not
be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for
future reference.

We amend these Terms from time to time as set out in clause 8. Every time
you wish to order Products, please check these Terms to ensure you
understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

OUR IDENTITY

We operate the website www.gymcommerce.com (“site”).
We are Askgym Limited (“we” or “our” or
“us”), a company registered in England and Wales under
company number 08308398 and with our registered office at 22 New Street,
Leamington Spa, Warwickshire, CV31 1HP which is our main trading
address. Our VAT number is 152330547.

The website is not operated by The Fitness Hub and you are not
buying the Products from them. The Contract for the supply of the
Products is between you and us only.

The images of the Products on the site are for illustrative purposes
only. Although we have made every effort to display the images
accurately, we cannot guarantee that your computer's display of the
images accurately reflects the Products. Your Products may vary slightly
from those images.

All Products shown on our site are subject to availability. We will
inform you by e-mail as soon as possible if the Product you have ordered
is not available and we will not process your order if made.

USE OF OUR SITE

Your use of our site is governed by our Website Terms of
Use which are available at /termsofuse. Please take the time to read these, as they include
important terms which apply to you.

HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our
Privacy Policy which is available at
/privacy_policy. Please take the time to read these,
as they include important terms which apply to you.

IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer. A consumer is
someone who is not entering into the Contract in the course of their
business, trade or profession.

If you are a consumer, you may only purchase Products from our site
if you are at least 18 years old.

As a consumer, you have legal rights in relation to Products that are
faulty or not as described. Advice about your legal rights is available
from your local Citizens' Advice Bureau or Trading Standards office.
Nothing in these Terms will affect these legal rights.

IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are entering into the Contract in
the course of your business, trade or profession.

You confirm that you have authority to bind any business on whose
behalf you use our site to purchase Products.

These Terms and our Privacy Policy constitutes the entire agreement
between you and us. You acknowledge that you have not relied on any
statement, promise or representation made or given by or on behalf of us
which is not set out in these Terms or any document expressly referred
to in them or our Privacy Policy.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

For the steps you need to take to place on order on our site, please
see our How To Shop Online page.

Our order process allows you to check and amend any errors before
submitting your order to us. Please take the time to read and check your
order at each page of the order process.

After you place an order, you will receive an e-mail from us
acknowledging that we have received your order. However, please note
that this does not mean that your order has been accepted. Our
acceptance of your order will take place as described in clause 7.4.

We will confirm our acceptance to you by sending you an e-mail that
confirms that the Products have been dispatched (“Dispatch
Confirmation”). The Contract between us will only be formed
when we send you the Dispatch Confirmation.

If we are unable to supply you with a Product, for example because
that Product is not in stock or no longer available or because of an
error in the price on our site as referred to in clause 12.5, we will
inform you of this by e-mail and we will not process your order. If you
have already paid for the Products, we will refund you the full amount
as soon as possible.

OUR RIGHT TO VARY THESE TERMS

We may revise these Terms from time to time. Every time you order
Products from us, the Terms in force at that time will apply to the
Contract between you and us. You must check these Terms each time that
you order Products from our site as they may not be the same as the
Terms that applied to your previous purchases.

COOLING OFF PERIOD

This clause 9 only applies if you are a consumer (for an explanation
of the word consumer, see clause 5.1).

If you are a consumer, you have a legal right to cancel a Contract
under the Consumer Protection (Distance Selling) Regulations 2000)
during the period set out below in clause 9.4. This means that during
the period in clause 9.4 if you change your mind or for any other reason
you decide you do not want to keep a Product, you can notify us of your
decision to cancel the Contract and receive a refund. Advice about your
legal right to cancel the Contract under these regulations is available
from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply if:

you break the seal or consume some or all of the Products that
you wish to return;

the Products are newspapers, periodicals or magazines or
perishable goods, such as food or drink;

the Products have been designed to your specification or clearly
personalised; or

software, DVDs or CDs which have a security seal which you have
opened or unsealed.

Your legal right to cancel a Contract starts from the date of the
Dispatch Confirmation, which is when the Contract between us is formed.
If the Products have already been delivered to you, you have a period of
7 (seven) working days in which you may cancel, starting from the day
after the day you receive the Products. Working days means that
Saturdays, Sundays or public holidays are not included in this period.

To cancel a Contract, please contact us in writing to tell us by
sending an e-mail to cancellations@askgym.co.uk or by
sending a letter to 22 New Street, Leamington Spa, Warwickshire CV31
1HP. You may wish to keep a copy of your cancellation notification for
your own records. If you send us your cancellation notice by e-mail or
by post, then your cancellation is effective from the date you sent us
the e-mail or posted the letter to us.

You will receive a full refund of the price you paid for the
Products. We will process the refund due to you as soon as possible and,
in any case, within 30 calendar days of the day on which you gave us
notice of cancellation as described in clause 9.5. If you returned the
Products to us because they were faulty or mis-described, please see
clause 9.7.

If you have returned the Products to us under this clause 9 because
they are faulty or mis-described, we will refund the price of a
defective Product in full, any applicable delivery charges, and any
reasonable costs you incur in returning the item to us.

We will refund you on the credit card or debit card used by you to
pay.

If the Products were delivered to you:

you must return the Products to us as soon as reasonably
practicable. If the Products require collection, we will collect the
Products from the address to which they were delivered. We will
contact you to arrange a suitable time for collection;

unless the Products are faulty or not as described (in this case,
see clause 9.7), you will be responsible for the cost of returning
the Products to us or, where relevant, the cost of us collecting the
Products from you.

you have a legal obligation to keep the Products in your
possession and to take reasonable care of the Products while they
are in your possession.

Details of your legal right to cancel and an explanation of how to
exercise it are provided in the Dispatch Confirmation.

As a consumer, you will always have legal rights in relation to
Products that are faulty or not as described. These legal rights are not
affected by the returns policy in this clause 9. Advice about your legal
rights is available from your local Citizens' Advice Bureau or Trading
Standards office.

DELIVERY

Your order will be fulfilled by the estimated delivery date set out
in the Dispatch Confirmation, unless there is an Event Outside Our
Control. If we are unable to meet the estimated delivery date because of
an Event Outside Our Control, we will contact you with a revised
estimated delivery date.

Delivery will be completed when we deliver the Products to the
address you gave us when placing your order.

The Products will be your responsibility from the completion of
delivery.

You own the Products once we have received payment in full, including
all applicable delivery charges.

INTERNATIONAL DELIVERY

Unfortunately, we do not deliver to addresses outside the UK with the
exception of British Armed Forces overseas territories with active
British Forces Post Office facilities.

Save as mentioned in clause 11.1, you may place an order for Products
from outside the UK, but this order must be for delivery to an address
in the UK.

PRICE OF PRODUCTS AND DELIVERY CHARGES

The prices of the Products will be as quoted on our site from time to
time. We take all reasonable care to ensure that the prices of Products
are correct at the time when the relevant information was entered onto
the system. However if we discover an error in the price of Product(s)
you ordered, please see clause 12.5 for what happens in this event.

Prices for our Products may change from time to time, but changes
will not affect any order which we have confirmed with a Dispatch
Confirmation.

The price of a Product includes VAT (where applicable) at the
applicable current rate chargeable in the UK for the time being.
However, if the rate of VAT changes between the date of your order and
the date of delivery, we will adjust the VAT you pay, unless you have
already paid for the Products in full before the change in VAT takes
effect.

The price of a Product does not include delivery charges. Our
delivery charges are as quoted on our site from time to time. To check
relevant delivery charges, please refer to our Delivery
Charges page.

Our site contains a large number of Products. It is always possible
that, despite our reasonable efforts, some of the Products on our site
may be incorrectly priced. We will normally check prices as part of our
dispatch procedures so that:

where the Product's correct price is less than the price stated
on our site, we will charge the lower amount when dispatching the
Products to you. However, if the pricing error is obvious and
unmistakeable and could have reasonably been recognised by you as a
mispricing, we do not have to provide the Products to you at the
incorrect (lower) price; and

if the Product's correct price is higher than the price stated on
our site, we will contact you in writing as soon as possible to
inform you of this error and we will give you the option of
continuing to purchase the Product at the correct price or
cancelling your order. We will not process your order until we have
your instructions. If we are unable to contact you using the contact
details you provided during the order process, we will treat the
order as cancelled and notify you in writing.

HOW TO PAY

Payment for the Products is taken via SagePay. Your use of SagePay is
subject to its terms and conditions. You can only pay for Products using
a debit card or credit card. We accept the following cards: Visa, American Express, MasterCard, and Maestro.

Payment for the Products and all applicable delivery charges is in
advance. We will not charge your debit card or credit card until we
dispatch your order.

MANUFACTURER GUARANTEES

Some of the Products we sell to you come with a manufacturer's
guarantee. For details of the applicable terms and conditions, please
refer to the manufacturer's guarantee provided with the Products.

If you are a consumer, a manufacturer's guarantee is in addition to
your legal rights in relation to Products that are faulty or not as
described. Advice about your legal rights is available from your local
Citizens' Advice Bureau or Trading Standards office.

OUR WARRANTY FOR THE PRODUCTS

For Products which do not have a manufacturer's guarantee, we provide
a warranty that on delivery and for a period of 3 months from delivery,
the Products shall be free from material defects. However, this warranty
does not apply in the circumstances described in clause 15.2.

The warranty in clause 15.1 does not apply to any defect in the
Products arising from:

wilful damage, abnormal storage or working conditions, accident,
negligence by you or by any third party;

if you fail to use the Products in accordance with their
instructions;

any specification provided by you.

If you are a consumer, this warranty is in addition to your legal
rights in relation to Products that are faulty or not as described.
Advice about your legal rights is available from your local Citizens'
Advice Bureau or Trading Standards office.

OUR LIABILITY IF YOU ARE A BUSINESS

This clause 16 only applies if you are a business customer.

We only supply the Products for internal use by your business and you
agree not to use the Product for any re-sale purposes.

Nothing in these Terms limits or excludes our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods
Act 1979 (title and quiet possession); or

defective products under the Consumer Protection Act 1987.

Subject to clause 16.3, we will under no circumstances whatever be
liable to you, whether in contract, tort (including negligence), breach
of statutory duty, or otherwise, arising under or in connection with the
Contract for:

any loss of profits, sales, business, or revenue;

loss or corruption of data, information or software;

loss of business opportunity;

loss of anticipated savings;

loss of goodwill; or

any indirect or consequential loss.

Subject to clause 16.3 and clause 16.4 , our total liability to you
in respect of all other losses arising under or in connection with the
Contract, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall in no circumstances exceed 150% of
the price of the Products ordered.

Except as expressly stated in these Terms, we do not give any
representation, warranties or undertakings in relation to the Products.
Any representation, condition or warranty which might be implied or
incorporated into these Terms by statute, common law or otherwise is
excluded to the fullest extent permitted by law. In particular, we will
not be responsible for ensuring that the Products are suitable for your
purposes.

OUR LIABILITY IF YOU ARE A CONSUMER

This clause 17 only applies if you are a consumer (for an explanation
of the word consumer, see clause 5.1).

If we fail to comply with these Terms, we are responsible for loss or
damage you suffer that is a foreseeable result of our breach of these
Terms or our negligence, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if they
were an obvious consequence of our breach or if they were contemplated
by you and us at the time we entered into the Contract.

We only supply the Products for domestic and private use. You agree
not to use the Products for any commercial, business or re-sale
purposes, and we have no liability to you for any loss of profit, loss
of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of
Goods Act 1979 (title and quiet possession);

any breach of the terms implied by section 13 to 15 of the Sale
of Goods Act 1979 (description, satisfactory quality, fitness for
purpose and samples); and

defective products under the Consumer Protection Act 1987.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under a Contract that is
caused by an Event Outside Our Control. An Event Outside Our Control is
defined below in clause 18.2.

An “Event Outside Our Control” means any act or event
beyond our reasonable control, including without limitation strikes,
lock-outs or other industrial action by third parties, civil commotion,
riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster, or failure of public or private telecommunications
networks or impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the
performance of our obligations under a Contract:

we will contact you as soon as reasonably possible to notify you;
and

our obligations under a Contract will be suspended and the time
for performance of our obligations will be extended for the duration
of the Event Outside Our Control. Where the Event Outside Our
Control affects our delivery of Products to you, we will arrange a
new delivery date with you after the Event Outside Our Control is
over.

COMMUNICATIONS BETWEEN US

When we say “in writing” in these Term, this means by
e-mail unless we specify otherwise.

If you are a consumer (for an explanation of the word consumer, see
clause 5.1):

To cancel a Contract in accordance with your legal right to do so
as set out in clause 9, you must contact us in writing. You can do
this by sending an e-mail to cancellations@askgym.co.uk or by sending a
letter to 22 New Street, Leamington Spa, Warwickshire CV31 1HP in accordance with clause 9.5.

If you wish to contact us in writing for any other reason, you
must do so by e-mail to Askgym Limited at hello@askgym.co.uk. You can always contact us using our Customer
Services telephone line.

If we have to contact you or give you notice in writing, we will do
so by e-mail to the address you provide to us in your order.

If you are a business, please note that any notice given by you to
us, or by us to you, will be deemed received and properly served
24 hours after an e-mail is sent. In proving the service of any
notice it will be sufficient to prove that such e-mail was sent to the
specified e-mail address of the addressee.

The provisions of this clause shall not apply to the service of any
proceedings or other documents in any legal action.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a Contract to
another organisation, but this will not affect your rights or our
obligations under these Terms. We will always notify you by posting on
this webpage if this happens.

You may only transfer your rights and obligations under these Terms
to another person if we agree in writing. However if you are a consumer
(for an explanation of the word consumer, see clause 5.1) and you have
purchased a Product as a gift, you may transfer the benefit of the
warranty in clause 15 to the recipient of the gift without needing to
ask our consent.

This contract is between you and us. No other person shall have any
rights to enforce any of its terms, whether under the Contracts (Rights
of Third Parties Act) 1999 or otherwise. However, if you are a consumer,
the recipient of your gift of a Product will have the benefit of our
warranty at clause 15, but we and you will not need their consent to
cancel or make any changes to these Terms.

Each of the paragraphs of these Terms operates separately. If any
court or relevant authority decides that any of them are unlawful or
unenforceable, the remaining paragraphs will remain in full force and
effect.

If we fail to insist that you perform any of your obligations under
these Terms, or if we do not enforce our rights against you, or if we
delay in doing so, that will not mean that we have waived our rights
against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in
writing, and that will not mean that we will automatically waive any
later default by you.

If you are a consumer (for an explanation of the word consumer, see
clause 5.1), please note that these Terms are governed by English law.
This means a Contract for the purchase of Products through our site and
any dispute or claim arising out of or in connection with it will be
governed by English law. You and we both agree to that the courts of
England and Wales will have non-exclusive jurisdiction. However, if you
are a resident of Northern Ireland you may also bring proceedings in
Northern Ireland, and if you are a resident of Scotland, you may also
bring proceedings in Scotland.

If you are a business, these Terms are governed by English law. This
means that a Contract, and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including
non-contractual disputes or claims), will be governed by English law. We
both agree to the exclusive jurisdiction of the courts of England and
Wales.